Marengo mayor issues veto

MARENGO -- Action on the Marengo mayor’s first veto since taking office 18 months ago has been tabled.

Mark Swift issued his veto proclamation Monday, June 26, after he had issues with the recently passed off-road vehicle and golf cart ordinances, finding them “unenforceable.”

A split city council, after hearing further explanation at the council meeting two days later, agreed to take advantage of a city ordinance that allows the council to take up to 30 days to either uphold or override the veto.

A two-thirds vote of the council – in Marengo’s case, four of five voting members – would be needed to override by July 26. Separate vetoes would have been needed to override each of the ordinances.

In his comments, Swift said that a review of ordinances 449 (off-road vehicles) and 450 (golf carts) was needed, and he found many inconsistencies and conflicts in the wording of both ordinances.

“I think we could have a better ordinance than the two ordinances before,” he said, stressing that he vetoed the ordinance only for that reason. He then asked council members to read the new ordinance and arrive at a decision.

A solution with Swift’s suggested revisions was attached to his veto.

“Going forward, I think we need to take a look at these ordinances a lot harder before we take them to a public hearing, and make sure they are easy to read and understand,” he said.

Examples he pointed out included the golf cart ordinance not being allowed to drive on certain city streets, but then the caveat would allow them to be driven on streets if the operator was taking the most direct route, and parking an ORV on city property, which Swift said would mean no parking in the lot of Lions Park.

Sue Peterson and Greg Jergens were opposed and wanted to override the veto, although no vote was taken. Peterson’s concerns were what she said were lack of Iowa Department of Natural Resources registration guidelines and various other procedures. “If we’re expecting him (Chief Galen Moser) to begin issue citations, he needs to have a good ordinance behind him and the support of the council.”

Jergens asked what happens now to those who have registered vehicles according to the new ordinance, and that with no ordinance in place there was no way to take new registrations. He said that the time to have brought up concerns about the ordinances’ language was during previous meetings where it was discussed, including the three readings.

Swift snapped back at the suggestion he wasn’t airing his concerns, saying he had mentioned them several times during the course of the discussions, and restated that more time was going to be spent on reviewing ordinances before revising them and bringing them to a public street.

Councilman Bill Kreis, shortly after Peterson began to make her motion to override the veto, said that the council shouldn’t rush into things. At first he was concerned about the veto but then he read Swift’s version of the ordinance and agreed that it cleaned the language up and clarified several points. He admitted that if anyone should be upset, it was the committee and others who worked on the original ordinances.

“It’s streamlined,” he said.

City attorney John Pilkington said he understood the reasoning behind streamlining the ordinance, but also thought that ATVs, ORVs and golf carts were separate classes of vehicles, and it might muddle things up more.

Moser said he wanted to see all-terrain vehicles be a separate ordinance because of safety issues.

Council member Dan Slaymaker suggested, keeping reserve officers in mind, “Wouldn’t it be easier … to be able to enforce once ordinance rather than to have to read … and know what’s in three different ordinances? If we expect them to enforce our ordinances, I think you need to make it easy for them as the public.”

After Jergens said he would refer it to Moser, Jennifer Olson said the public safety committee should convene to discuss the ordinance.

REZONING

The council also agreed to table for two weeks, by 3-2 vote, the first reading of an ordinance amending the zoning map to allow a Marengo businessman to rezone a parcel of land by the trailer park he owns along West South Street.

Tony Hocamp, owner of H&S Properties, explained he wanted to rezone a strip of land to commercial to put in 30 storage units in the vacant lot next to the mobile home park. The units will be used maily to serve tenants.

A consensus of the neighbors polled said they thought the storage units would be a good idea, but at a board of adjustment meeting on May 11, members voted 3-2 to deny the request, with Jeanne Nolte, Martha Kimm and Jutta Densen voting no and Mike McBride and Roger Anderson in the minority.

Several residents attending the meeting expressed their support for the storage units. Nolte, who was at the city council meeting, said board of adjustment members who voted against recommending the zoning variance were concerned about spot zoning.

Indeed, an overhead photo of South Street shows – working west to east – a portion of the trailer park, which is zoned residential, before going commercial for the Iowa County Emergency Management facility and Emmie’s Car Wash. The zoning would be on the west end of the trailer park, on a vacant lot.

After a discussion, the council agreed to table to motion to investigate whether it is spot zoning and to get official explanations from both the board of adjustment and planning and zoning.

Jergens and Peterson voted against tabling the motion.

FIREWORKS

The council also briefly discussed fireworks and what to do regarding a number of complaints of fireworks being exploded.

Moser and city administrator Deven Markley said they had received about a dozen complaints over the past week and were wondering what could be done.

Markley’s memorandum stated that, despite state laws spelling out hours when cities may allow fireworks to be set off, a review of the city code regarding the use or explosion of fireworks is still enforceable.

According to Section 364.2(6), “a city council may, by ordinance or resolution prohibit or limit the use of consumer fireworks, display fireworks or novelties … .” And the city code states that it is unlawful to use fireworks unless approved by the city.

Markley said cities can be more restrictive if they so desire, although state law says cities cannot restrict the sale of fireworks.

OTHER BUSINESS

In other business, the council voted 3-0 – at this point, Kreis and Olson had left the meeting for other commitments – to approve the hiring of Ellen Young as the city’s new financial manager.

Young, who will start in July, was the top candidate of an initial field of six to take over for Tamara Patterson, who resigned earlier this spring. Patterson, by suggestion of the council, will be providing some training for Young to get her acclimated with the city’s procedures, software and other things.

Her salary will be $45,000.

“She seemed very eager to move here … and I think she will help us. She’s very good and will help the community as a whole,” said Slaymaker.

The council also approved:

* Lani Herrmann and Derek Miller as police reserve officers.

* Use of Lions Park for the annual Yardley Memorial Tournament, provided proof of insurance is given.

* Various actions on the Iowa Valley storm sewer and Cherry Street sanitary sewer, including pay estimates, change orders and certificates of completion.

* A quote from Roggentien Electric for $22,967, for repairs and other work to the Miller Street pump station. Roggentien’s bid is $267 higher than Iowa Pump Works of Ankeny, but council agreed that Roggentien is local and is able to respond faster.